Bill Text: NY S06889 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 6889

Introduced

Bill Title: Enacts "Bryan Johnson's law"; includes prior convictions of operation of a vessel while under the influence of alcohol or drugs as prior convictions of driving while intoxicated.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2024-03-06 - referred to transportation [S06889 Detail]

Download: New_York-2023-S06889-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          6889

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 12, 2023
                                       ___________

        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation

        AN ACT to amend the vehicle and traffic law, in  relation  to  including
          prior  convictions  of operation of a vessel while under the influence
          of alcohol or drugs as prior convictions of driving while intoxicated

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This  act  shall  be  known  and  may  be cited as "Bryan
     2  Johnson's Law".
     3    § 2. Section 1192 of the vehicle and traffic law is amended by  adding
     4  a new subdivision 8-b to read as follows:
     5    8-b.  Effect of prior convictions of operation of a vessel while under
     6  the influence of alcohol or drugs. A prior conviction for operation of a
     7  vessel while under the influence of alcohol  or  drugs  under  paragraph
     8  (b),  (c),  (d) or (e) of subdivision two of section forty-nine-a of the
     9  navigation law within the preceding ten years shall be considered by the
    10  court for purposes of determining penalties imposed for a  violation  of
    11  subdivision  two,  two-a,  three,  four or four-a of this section or for
    12  purposes of any administrative action required to be taken  pursuant  to
    13  subdivision  two of section eleven hundred ninety-three of this article.
    14  A prior conviction for operation of a vessel while under  the  influence
    15  of  alcohol or drugs under paragraph (a), (b), (c), (d) or (e) of subdi-
    16  vision two of section forty-nine-a of  the  navigation  law  within  the
    17  preceding  five  years  shall be considered by the court for purposes of
    18  determining penalties imposed for a violation of subdivision one of this
    19  section or for purposes of any  administrative  action  required  to  be
    20  taken pursuant to subdivision two of section eleven hundred ninety-three
    21  of  this  article.    A prior conviction for operation of a vessel while
    22  under the influence of alcohol or drugs under paragraph (a),  (b),  (c),
    23  (d)  or (e) of subdivision two of section forty-nine-a of the navigation
    24  law within the preceding ten years shall be considered by the court  for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07645-01-3

        S. 6889                             2

     1  purposes  of determining penalties imposed upon a person for a violation
     2  of any subdivision of this section after having been  convicted  two  or
     3  more  times  for  a  violation  of this section within the preceding ten
     4  years  or for purposes of any administrative action required to be taken
     5  pursuant to subdivision two of section eleven  hundred  ninety-three  of
     6  this article.
     7    §  3.  This  act  shall  take effect on the first of November after it
     8  shall have become a law.